99Return or disposal orders

99 Return or disposal orders (1) This section applies if an animal or thing: (a) is seized under this Act; and (b) is not forfeited to the Territory; and (c) has not been sold or disposed of under section 98. (2) The CEO or a person entitled to the animal or thing may apply to a court to make a return or disposal order.

Animal Protection Act 2018 61 (3) The order may be made by: (a) if the person entitled to the animal is a youth and the value of the animal or thing is within its jurisdictional limit – the Youth Justice Court; or (b) if the value of the animal or thing is within its jurisdictional limit – the Local Court; or (c) the court hearing any charge for an offence with which the animal or thing is connected; or (d) in any other case – the Supreme Court . (4) An order may be made under subsection (3)(a), (b) or (d) whether or not a person is charged with an offence with which the animal or thing is connected. (5) An order may be made under subsection (3)(c): (a) as an interim order or on the determination of the proceedings for the offence; and (b) whether or not a person is found guilty of an offence. (6) If a person is charged with an offence against this Act with which the animal or thing is connected: (a) an application for an order may be transferred to the court hearing the charge from another court; and (b) the court has the jurisdiction to hear and determine the matter.